Cleland v. Porter
| Decision Date | 30 September 1874 |
| Citation | 1874 WL 9074,74 Ill. 76,24 Am.Rep. 273 |
| Parties | JOHN H. CLELANDv.SAMUEL R. PORTER. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the County Court of Rock Island county; the Hon. SAMUEL S. GUYER, Judge, presiding.
Mr. WILLIAM H. GEST, and Messrs. CONNELLY & MCNEAL, for the plaintiff in error.
Mr. CHARLES M. OSBORN, and Messrs. KENWORTHY & BEARDSLEY, for the defendant in error.
At the general election held on the fourth day of November, 1873, the defendant in error was declared elected to the office of treasurer of Rock Island county.
The plaintiff in error, who was the opposing candidate for the office, on the third day of December, 1873, filed a petition in the county court of Rock Island county to contest the election.
It is averred in the petition that no votes were cast in the county for any person for the office of treasurer except petitioner and the defendant in error; that in the entire county the defendant in error received fifteen hundred and ninety-two votes, and that the petitioner received fifteen hundred and seventy-nine votes, making a majority of thirteen votes in favor of defendant in error.
That in Buffe Prairie township there were registered and entitled to vote two hundred and fifty persons; that the entire vote cast in that township was only one hundred and thirteen, seventy-nine of which were for defendant in error, and thirty-four for petitioner; that the judges of election in that township did neglect and fail to continue open the polls until seven o'clock in the afternoon of the day on which the election was held, but did knowingly and willfully close the same before the hour of six o'clock in the afternoon, and, for the purpose of giving their illegal proceedings the semblance of regularity, did knowingly and willfully run forward the hands of the clock used to indicate the time of closing the polls.
On account of this irregularity of the judges, the petitioner asks that the entire vote of the township may be rejected and not counted.
To this petition a general demurrer was filed, which the court sustained, and it was dismissed.
The petitioner brings the record here, and assigns as error the decision of the court in sustaining the demurrer and dismissing the petition.
Section forty-eight, Revised Laws of 1874, page 458, which was in force at the time the election was held, declares the polls shall be opened at the hour of eight o'clock in the morning, and continued open until seven o'clock in the afternoon of the same day, at which time the polls shall be closed.
Section eighty-six of the same act declares if any judge of any election shall willfully neglect to perform any of the duties required of him by the act, he shall, on conviction thereof, be fined in a sum not exceeding $1,000, or imprisoned in the county jail one year, or both, at the discretion of the court. It was clearly the duty of the judges of election to keep the polls open until seven o'clock on the day the election was held, and the legislature, by the act cited supra, has imposed a severe penalty upon the judges of the election for a willful disregard of duty.
But the question presented by this record is, what effect shall a duty imposed...
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State ex rel. City of Memphis v. Hackman
...will not vitiate the election. Swepton v. Barton, 39 Ark. 557; People v. Prewitt, 124 Cal. 7; Packwood v. Brownell, 121 Cal. 478; Cleland v. Porter, 74 Ill. 76; Clark v. Leathers, 9 Ky. R. 558; Fry Booth, 19 Ohio St. 25; State v. Smith, 4 Wash. 661; Pickett v. Russell, 42 Fla. 116. (b) A sl......
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State v. Hackman
...Pickett v. Russell, 42 Fla. 116, 634, 28 South. 764; Graham v. Graham (Ky.) 68 S. W. 1093; Marks v. Park, 7 Leg. Gaz. 70; Cleland v. Porter, 74 Ill. 76, 24 Am. Rep. 273. In the absence, therefore, of any injury resulting from a failure to open the polls at the time designated in the statute......
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People ex rel. Cant v. Crossley
...and unless the statute in express terms makes the hour of opening and closing the polls essential to a valid election. Cleland v. Porter, 74 Ill. 76, 24 Am. Rep. 273; McCrary on Elections, § 163. The rule might be different if it were shown, affirmatively, that the votes received after the ......
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Rampendahl v. Crump
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